Also known as: attorney client privilege · attorney-client privileges · lawyer-client privilege · ACP
Written by attorneys · grounded in primary & secondary sources — see below
The protection that applicable law provides for confidential attorney-client communications made for the purpose of obtaining or providing legal advice. The privilege belongs to the client and may be asserted to prevent compelled disclosure in judicial or administrative proceedings. It does not extend to underlying facts or to communications made in the presence of unnecessary third parties.
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When partner Aaron Adams left Apex Dynamics to join Atlas Ventures, Adams disclosed only the names of former clients and the general nature of matters to Atlas's conflicts counsel. Atlas confirmed no conflicts existed without learning any substantive client confidences. The limited disclosure allowed the firm transition to proceed while preserving the privilege.
Aurora Biotech's outside counsel prepared detailed memoranda summarizing interviews with employees who witnessed a product defect. In later litigation, the opposing party sought the memoranda. The court denied discovery because the materials constituted work product prepared in anticipation of litigation rather than privileged attorney-client communications.
Aether Technologies' general counsel sent an email to the CEO and two division heads analyzing potential regulatory exposure. The email was labeled confidential and sent only to those recipients. When a regulator later demanded production, the company properly withheld it as protected by the attorney-client privilege under the definition of confidential communications.
Atlas Ventures' in-house counsel directed a mid-level compliance officer to provide information about internal accounting practices so counsel could advise the board. The officer's statements were made at the direction of superiors for the purpose of obtaining legal advice. The communications remained privileged even though the officer was not a member of senior management.
Abigail Alvarez met with her lawyer to discuss a pending contract dispute. She brought her adult daughter, who had helped manage her business affairs, to the meeting. The daughter remained silent and took no notes. Because her presence was reasonably necessary to facilitate the communication, the privilege was not destroyed.
After a workplace shooting, Apex Dynamics arranged confidential counseling sessions between an employee and a licensed social worker. The sessions were paid for by the company and designated confidential. Statements made during those sessions received protection analogous to the attorney-client privilege and could not be compelled in subsequent litigation.
No. The privilege protects only the communication itself. A party may still be required to disclose the underlying facts in discovery even if those facts were shared with counsel.
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Inadvertent disclosure does not waive the privilege if the holder took reasonable steps to prevent disclosure and promptly took reasonable steps to rectify the error after learning of it.
…Opinion of Justice Rehnquist We granted certiorari in this case to address important questions concerning the scope of the attorney-client privilege in the corporate context and the applicability of the work-product doctrine in proceedings to enforce tax summonses. 445 U. S. 925. With respect to the privilege question the parties and…
…in the law of evidence. See 8 J. Wigmore, Evidence (J. McNaughton rev. 1961) (discussing, inter alia , marital privilege, attorney-client privilege
…449 U. S. 383 (1981), for example, we held that Upjohn was justified in withholding documents that were covered by the attorney-client privilege
…counsel may also be discouraged in the first place from testifying for fear of abrogating an ethical responsibility or the attorney-client privilege
…court and the parties not only its report but all underlying data. To the extent that communications arguably protected by the attorney-client privilege
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No. The privilege survives when the third person's presence is reasonably necessary to the communication and the circumstances show an intent to maintain confidentiality.
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Yes. Communications made by employees at the direction of superiors for the purpose of securing legal advice are protected regardless of the employee's rank within the corporation.
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The attorney-client privilege protects confidential communications between lawyer and client for legal advice. The work-product doctrine separately protects materials prepared by counsel in anticipation of litigation and requires a showing of substantial need to overcome it.
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